Legal Opinion

Leon v. State

District Court of Appeal of Florida

Decided May 10, 1966No. 65-527PublishedCited by 5 opinions

1Per curiam

The appellant was found guilty, in the Criminal Court of Record of Dade County, of breaking and entering a dwelling house with intent to commit a misdemeanor and of petty larceny. On this appeal he contends that the evidence was insufficient because the State failed to establish criminal intent. It is urged that it reasonably appeared from the evidence that the appellant was so intoxicated, at the time of the breaking, and the taking, that he was incapable of entertaining the specific criminal intent required. See Britts v. State, 158 Fla. 839, 30 So.2d 363 (1947). But cf. Young v. State,…

2Cases cited5 opinions

  1. Hall v. StateSupreme Court of Florida · 1919
  2. Eizenman v. StateDistrict Court of Appeal of Florida · 1961
  3. Britts v. StateSupreme Court of Florida · 1947
  4. Young v. StateDistrict Court of Appeal of Florida · 1964
  5. Johnson v. StateDistrict Court of Appeal of Florida · 1958

3Cited by5 opinions

  1. Roy Allen Harich v. Louie L. Wainwright, Secretary Florida Department of Corrections, RespondentCourt of Appeals for the Eleventh Circuit · 1987
  2. John B. Wiley, Jr., 043919 v. Louie L. Wainwright, Ray v. Henderson, Superintendent of Zephyrhills Correctional Institution, Jim SmithCourt of Appeals for the Eleventh Circuit · 1986
  3. Harris v. StateDistrict Court of Appeal of Florida · 1982
  4. Edwards v. StateDistrict Court of Appeal of Florida · 1983
  5. Roy Allen Harich v. Louie L. Wainwright, Secretary Florida Department of Corrections, RespondentCourt of Appeals for the Eleventh Circuit · 1987

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